Issues

Stage Details

Vote Result

Yea Votes

Nay Votes

Vote Smart's Synopsis:

Vote to pass a joint resolution that amends the Utah Constitution to allow challenges to a conviction after a direct appeal, but only in the manner provided by statute with certain exceptions. Pending voter approval.

Highlights:

-Allows any challenge to a conviction after a direct appeal, but only in a manner provided for in statute (Sec. 1).
-Provides an exception for anyone, including those on death row, who can prove with new evidence that they did not commit the crime they are convicted of or of a related lesser offense (Sec.1).
-Allows for relief from a capital offense if the individual can prove with new evidence that he or she lacked the necessary mental state needed for a conviction of that level (Sec.1).
-Requires the lieutenant governor to submit this proposed amendment to voters in the next general election (Sec.2).

Note:

NOTE: AN AMENDMENT TO THE CONSTITUTION REQUIRES TWO-THIRDS APPROVAL IN EACH CHAMBER FOR PASSAGE. IT MUST THEN BE APPROVED BY A MAJORITY OF CITIZENS VOTING IN THE NEXT ELECTION TO BE ENACTED.

Vote Result

Yea Votes

Nay Votes

Vote Smart's Synopsis:

Vote to pass a joint resolution that amends the Utah Constitution to allow challenges to a conviction after a direct appeal, but only in the manner provided by statute with certain exceptions. Pending voter approval.

Highlights:

-Allows any challenge to a conviction after a direct appeal, but only in a manner provided for in statute (Sec. 1).
-Provides an exception for anyone, including those on death row, who can prove with new evidence that they did not commit the crime they are convicted of or of a related lesser offense (Sec.1).
-Allows for relief from a capital offense if the individual can prove with new evidence that he or she lacked the necessary mental state needed for a conviction of that level (Sec.1).
-Requires the lieutenant governor to submit this proposed amendment to voters in the next general election (Sec.2).

Note:

NOTE: AN AMENDMENT TO THE CONSTITUTION REQUIRES TWO-THIRDS APPROVAL IN EACH CHAMBER FOR PASSAGE. IT MUST THEN BE APPROVED BY A MAJORITY OF CITIZENS VOTING IN THE NEXT ELECTION TO BE ENACTED.